Brain Injury Lawyer Los Angeles: TBI Compensation Guide
A traumatic brain injury changes the math of a personal injury case. The medical bills are larger. The wage loss is longer. The damages are harder to prove because the worst symptoms (memory gaps, mood swings, executive dysfunction) do not show up on an X-ray. Insurance carriers know this and price their offers accordingly.
Key Takeaway: If you suffered a traumatic brain injury in Los Angeles, California’s pure comparative negligence rule lets you recover even if partly at fault. There is no cap on non-economic damages in non-medical TBI cases. You have two years to file under Code of Civil Procedure § 335.1. The CDC reports that TBIs cause about 30% of all injury deaths nationally, and average lifetime cost runs from $85,000 for moderate cases to $3 million for severe.
Borna Houman Law represents traumatic brain injury victims across Los Angeles County on contingency. We do not get paid unless you do.
What Counts as a Traumatic Brain Injury Under California Law?
A TBI is a disruption in normal brain function caused by an external force. The CDC classifies them by severity. The classification matters because settlement value tracks the GCS score, the duration of altered consciousness, and the imaging findings.
| Severity | Glasgow Coma Scale | Loss of consciousness | Post-traumatic amnesia | Typical imaging |
|---|---|---|---|---|
| Mild (concussion) | 13-15 | 0-30 minutes | Under 24 hours | CT often normal; DTI MRI may show diffuse axonal injury |
| Moderate | 9-12 | 30 min – 24 hours | 1-7 days | CT or MRI shows contusion, hemorrhage, or edema |
| Severe | 3-8 | Over 24 hours | Over 7 days | CT or MRI shows large hemorrhage, herniation, or diffuse axonal injury |
The biggest mistake we see in mild TBI cases is undocumented symptoms. A normal head CT in the ER does not mean you do not have a brain injury. It means the bleeding was not bad enough to be visible on a CT. Diffuse axonal injury and post-concussive syndrome routinely escape standard imaging and need neuropsychological testing to document.
How Much Is a Traumatic Brain Injury Case Worth in California?
The first sentence under this heading is the answer: a documented moderate-to-severe TBI in Los Angeles typically settles between $750,000 and several million dollars, depending on the medical record, the wage history, and the policy limits available. Mild TBI cases with full recovery in 6 months settle in the $50,000 to $250,000 range.
| Damage category | What it covers | How we prove it |
|---|---|---|
| Past medical specials | ER, hospital, neurology, neuropsych testing, rehab, medications | Itemized billing, paid invoices, lien letters |
| Future medical specials | Lifetime cognitive therapy, attendant care, assistive devices | Life care plan from a certified life care planner |
| Past wage loss | Time off work from injury date through trial | Tax returns, paystubs, employer letter |
| Future earning capacity | Reduced ability to work in same occupation | Vocational expert and forensic economist reports |
| Pain and suffering | Cognitive impairment, emotional distress, loss of enjoyment of life | Treating physician testimony, day-in-the-life video, lay witness testimony |
| Loss of consortium | Spouse’s claim for loss of companionship and intimacy | Spouse declaration, marriage history |
California has no cap on non-economic damages in standard personal injury TBI cases. The MICRA cap (now $390,000 for non-death cases under AB 35, rising annually) applies only when the brain injury was caused by medical negligence.
What Are the Most Common Causes of TBI in Los Angeles?
Falls are the top cause of TBI nationally. In our Los Angeles practice, the breakdown looks different because of the freeway system and dense pedestrian corridors.
- Motor vehicle collisions. About half of our TBI cases. Side-impact and head-on collisions on the 405, the 101, and the 110 are the most frequent settings.
- Pedestrian and bicycle strikes. Hollywood, Downtown, and Venice are the highest-incident areas in the city.
- Slip and fall on commercial property. Wet floors in supermarkets, broken stair treads in apartment lobbies, unmarked elevation changes in restaurants.
- Assaults. Including security failures at bars and apartment buildings (a negligent security claim under California premises liability law).
- Sports and recreation. Including soccer, equestrian, and CrossFit-type gym injuries.
- Workplace falls and falling objects. Often a third-party claim against a non-employer property owner or contractor on top of workers’ comp.
Who Is Liable for a Brain Injury in California?
Liability follows duty. Under California Civil Code § 1714, every person owes a duty of ordinary care to avoid injuring others. Property owners owe a duty under Rowland v. Christian (1968) 69 Cal.2d 108. Drivers owe a duty of reasonable care under the Vehicle Code. Employers can be liable for the acts of their employees within the scope of employment under the doctrine of respondeat superior.
Pure comparative negligence (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804) lets you recover even if you were partly at fault. Your damages are reduced by your percentage of fault, but you are never barred from suing.
How Do We Prove Brain Damage When the CT Looks Normal?
The honest answer is that you build the case with a stack of evidence, no single piece of which is dispositive. Adjusters defend mild TBI cases by demanding a single “objective” finding. There usually is not one. We build instead with a layered record:
- ER records documenting loss of consciousness, GCS score, and altered mental status at the scene
- Treating neurologist notes from the first 30 days
- Neuropsychological testing (typically 6-8 hours of standardized cognitive testing) by a Ph.D. neuropsychologist
- Advanced imaging: DTI MRI, fMRI, PET, or SPECT, when warranted
- Pre-injury medical and academic records to establish baseline
- Lay witness declarations from family, coworkers, and friends documenting personality change
- A day-in-the-life video for severe cases
For more on premises and fall-related claims that produce TBI, see our analysis of slip and fall claims in Los Angeles. For motor vehicle TBI cases, see our guide to common car accident injuries and maximizing compensation in injury claims.
How Long Do I Have to File a TBI Lawsuit in California?
Two years from the date of the injury under Code of Civil Procedure § 335.1. Six months for any claim against a public entity (Government Code § 911.2), with strict notice requirements. The discovery rule extends the deadline in rare cases where the injury or its cause was not reasonably discoverable until later, but courts apply that rule narrowly to TBI cases.
If a child was injured, the two-year clock is tolled until the child turns 18 (Code of Civil Procedure § 352), but medical expense claims belong to the parents and follow the regular two-year rule from the date of injury.
Frequently Asked Questions About Los Angeles Brain Injury Cases
Can I have a brain injury without losing consciousness?
Yes. The CDC defines mild TBI as including any “alteration of mental status” at the time of the injury, which can mean disorientation, confusion, or feeling “dazed” without ever blacking out. Many of the worst long-term TBIs we see in our practice involved no loss of consciousness at all.
What is the average settlement for a brain injury in California?
There is no average that matters. Mild TBI with full recovery in 6 months: $50,000 to $250,000. Moderate TBI with permanent cognitive deficits: $750,000 to $2 million. Severe TBI requiring lifetime care: $2 million to policy limits. The driver of value is the medical record and the wage loss, not the label.
Does my own auto insurance pay for a TBI from a hit-and-run driver?
Yes, if you have uninsured motorist coverage. Under Insurance Code § 11580.2, your UM/UIM coverage applies when a hit-and-run or uninsured driver causes the crash. We see clients leave six-figure recoveries on the table because they did not know they had this coverage.
How long does a TBI case take to settle in Los Angeles?
Typically 12 to 24 months. We do not settle a TBI case before the client reaches “maximum medical improvement,” which can take a year or more for moderate-to-severe injuries. Settling early is the most common way to leave money on the table.
What happens if I had a prior concussion before the new injury?
Prior head injury history is not a defense. California follows the eggshell plaintiff rule (Rideau v. Los Angeles Transit Lines): the defendant takes the plaintiff as found. If a new injury aggravated a prior condition, the defendant pays for the aggravation. Adjusters routinely try to use a prior concussion history to reduce the offer; the law does not support that argument.
Are punitive damages available in TBI cases?
Yes, when the conduct rises to the level of malice, oppression, or fraud under Civil Code § 3294. Drunk driving cases (Taylor v. Superior Court (1979) 24 Cal.3d 890) and grossly reckless driving cases routinely qualify. Punitive damages are not available against public entities.
Talk to a Los Angeles Brain Injury Lawyer
A brain injury case is too complex, and too valuable, to handle alone. Borna Houman Law has the medical-legal infrastructure to build a TBI case the right way: certified life care planners, neuropsychologists, vocational experts, and forensic economists on call. We work on contingency and advance every cost. We handle TBI cases throughout Los Angeles County, including Beverly Hills, Santa Monica, Long Beach, Pasadena, Glendale, and the San Fernando Valley.
Call (888) 42-BORNA for a free consultation.
Disclaimer: This article is for general information only and is not legal advice. Past results do not guarantee future outcomes. Reading this article does not create an attorney-client relationship with Borna Houman Law. For advice on your specific case, contact our office directly.